Author: Declan Tierney
~ 3 minutes read
A stud farm owner near Loughrea has been awarded €142,000 in damages by the High Court, following a vicious assault that took place five and a half years ago.
Ivor Broderick (pictured) was kicked and punched in the head during the incident which took place inside a toilet of a pub in Tynagh, leaving him with a serious ankle injury.
In resulted in Mr Broderick (49) of Kylemore Stud, Kylebrack, Loughrea seeking damages for personal injuries and loss from Aidan Robinson, Gurtymadden, Loughrea, as a result of the assault perpetrated on him by the defendant on October 27, 2017.
After hearing evidence of the injuries caused to Mr Broderick, Mr Justice Anthony Barr awarded him a total of €142,000 in damages for what was described as an “intentional and unprovoked attack”.
That included €95,000 for the injuries to his ankle and the pain and suffering caused as a result of this; another €40,000 for future pain, suffering and disablement while €7,000 in respect of medical and treatment expenses.
Mr Broderick was represented Diarmuid P O’Donovan SC with James Charity BL and both instructed by solicitor John Nash.
There was no appearance for Aidan Robinson in the High Court, and Mr Broderick could not provide an explanation as to the motive behind the attack as he said he barely knew the defendant.
The plaintiff stated that he was with his brother in Harney’s Bar in Tynagh in the company of two other friends.
At around 10.30pm, he went to the toilet when Mr Robinson entered, standing at the door and placing his hand on the handle to prevent the plaintiff from leaving.
Mr Robinson, the court heard, was asked on three occasions to remove his hands from the door but refused to do so.
When Mr Broderick approached him, it was alleged that Robinson lunged at him and kicked him forcibly on the left ankle and knocking him to the ground.
It was then stated that the plaintiff was kicked in the head and the defendant jumped on his left leg on three occasions. On the third occasion, Mr Broderick heard a loud crunching noise and experienced severe pain.
The plaintiff stated that the defendant then jumped onto him and proceeded to punch him in the head. The defendant then got up, went back to the toilet door and placed his hands on the handle to prevent others, who had assembled outside, from entering.
It was alleged that Robinson jumped on him again and recommenced punching him in the head before Mr Broderick’s brother and others gained entry and pulled the defendant away.
The plaintiff said that he was in severe pain. He called his wife who brought him to Portiuncula Hospital where a CT brain scan was carried out and x-rays were taken on his left ankle.
He sustained a Webber C fracture on his ankle, required the use of crutches and had to wear a boot. He needed extensive physiotherapy and was unable to work for a six-month period.
He informed the court that he remains severely restricted and cannot ride horses to any great extent. He continues to experience pain and discomfort.
Mr Justice Barr accepted Mr Broderick’s evidence which he concluded coincided with two separate medical reports. He also accepted that the plaintiff suffered significant psychiatric injuries as a result of the assault.
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